Sanz-Carver v. Oklahoma County District Court

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

KYLE SANZ-CARVER, ) ) Petitioner, ) ) v. ) Case No. CIV-24-723-D ) OKLAHOMA COUNTY ) DISTRICT COURT, ) ) Respondent. )

ORDER This matter is before the Court for review of the Report and Recommendation [Doc. No. 12] issued by United States Magistrate Judge Amanda Maxfield Green pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). Judge Green recommends the dismissal without prejudice of the Petition due to Petitioner’s failure to either file an in forma pauperis motion or pay the $5.00 filing fee. The record reflects that Petitioner has made no timely objection, even though he was informed of the right to object, the filing deadline, and the firm waiver rule.1 See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). The Court therefore finds that

1 The Court’s Local Rules require Petitioner, as a pro se litigant, to “notify the court [of any change of address] by filing the form provided by the clerk and serving a copy on opposing counsel or pro se parties.” LCvR5.4. “Papers sent by the court will be deemed delivered if sent to the last known address given to the court.” Id. As Judge Green notes, her previous order directing Petitioner to cure deficiencies was returned as undeliverable on August 29, 2024 [Doc. No. 11]. The Report and Recommendation was also returned as undeliverable on September 25, 2024 [Doc. No. 13]. The Court finds these circumstances do not warrant an exception to the Tenth Circuit’s firm waiver rule because Petitioner was responsible for giving notice of a change of address. See Theede v. United States Dep’t of Labor, 172 F.3d 1262, 1267-68 (10th Cir. 1999) (pro se plaintiff who failed to provide a change of address or address correction waived right to review by failing to make a timely objection). Petitioner has waived further review of the Report and Recommendation. See id.; see also United States v. 2121 E. 30th St., 73 F.3d 1057, 1060 (10th Cir. 1996). IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 12] is ADOPTED in its entirety. This action 1s dismissed without prejudice. A separate judgment shall be entered accordingly. IT IS SO ORDERED this 27" day of September, 2024.

Ad, 0. O,Pt TIMOTHY D. DeGIUSTI Chief United States District Judge